The opening mishnah of the third chapter of Sanhedrin mentioned that relatives of litigants in financial cases are excluded from serving as judges or witnesses. So when the mishnah at the end of today’s daf begins by indicating it’s going to list those excluded from these roles, we might expect to find a list of the specific family relations that are ineligible. But in fact, we’ll have to wait a few more pages (until Sanhedrin 27) for that.
Exodus 23:1 states: “Do not join hands with a wicked person to be a corrupt witness.” Rabbinic tradition understands this verse to prohibit a wicked person from serving as a witness or judge. And so we might expect the mishnah on today’s daf to list wicked actions that disqualify a person from being a judge or witness. But this is also not the case.
Instead, the mishnah says the following:
And these are the ones disqualified: One who plays with dice, one who lends with interest, those who fly pigeons, and merchants who trade (in the produce) of the Sabbatical year.
It’s a curious list. Lending with interest and selling produce that has grown in the Sabbatical year are both explicitly forbidden by the Torah, but so are a lot of other things. Why single out these violations in particular? Dice players and pigeon flyers are both gamblers — one playing games of chance, the other wagering on the outcomes of races (although some say that those who fly pigeons are thieves who entice pigeons to fly away from their owners). But does engaging in these activities make one so suspect that they are not trusted to testify in court?
Rabbi Yehuda said: When (are they disqualified)? When they have no occupation but this one. But if they have an occupation other than this one, they are fit.
Only professional gamblers and full-time usurers are barred from testifying. People who depend upon these dubious behaviors to earn their keep cannot be trusted to participate in a financial case in court. But if you earn an honest living, even if you occasionally place a bet or sell some Sabbatical produce, your actions do not make you ineligible.
The Gemara then digs a little deeper into the problem with dice players.
One who plays with dice, what is he doing (that disqualifies him)? Rami bar Hama says: Because gambling is a transaction with inconclusive consent. And inconclusive consent does not effect acquisition.
Rav Sheshet says: Any case like this is not inconclusive consent. Rather, because they are not involved in settling the world.
According to Rami bar Hama, money that is transferred by gambling is not a complete transaction. When property is bought and sold, the parties agree to exchange money and goods. The rate of exchange is agreed upon and each party agrees to the transaction. Gambling is different. Although the rules of the game are agreed upon in advance, the outcome is not clear until the end. And since both parties hope to come out on top, there is no consent in advance about the outcome — it is, in the Gemara’s language, “inconclusive consent.” As such, those who partake in it are, in effect, stealing, as they have not properly acquired the money they win. As a result, gamblers can’t participate in financial cases.
Rav Sheshest’s opinion is more straightforward. He claims that gambling does not contribute to the betterment of society and is therefore not a productive activity. As a result, those who participate in it cannot be expected to uphold the rules ensuring fairness in the marketplace.
Although their arguments differ, both Rami bar Hama and Rav Sheshet agree that individuals who are not upstanding citizens should not be permitted to participate in legal proceedings. And if these folks are prohibited from serving as judges and witnesses, so too are those who are guilty of more serious offenses.
Read all of Sanhedrin 24 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on January 10, 2025. If you are interested in receiving the newsletter, sign up here.
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